Don't write a resignation report easily

The resignation letter is an indication that the employee has proposed to terminate the labor contract with the employer. The consent of the employer indicates that the two parties have reached an agreement on the termination of the labor contract. The Labor Law of the People's Republic of China has two provisions on the negotiation of the termination of the labor contract, namely Articles 24 and 28. According to the provisions of Article 24, both parties may negotiate to terminate the labor contract. This shows that the employee's resignation letter and the employer's consent indicate that the legal consequences of the termination of the labor contract can occur. Article 28 of the Labor Law of the People's Republic of China distinguishes between two different cases of negotiation, that is, if the employer first proposes, the employer shall give the employee economic compensation; if the employee first proposes, the employer shall not be required to pay economic compensation. . Therefore, whoever proposes to terminate the labor contract is the key to whether employees can get economic compensation. The resignation letter means that the dissolution of the labor relationship was first proposed by the employee. According to the provisions of Article 28 of the Labor Law, the employer does not need to pay economic compensation.

In many situations, even if the employee does not write a letter of resignation, if the labor relationship between the two parties can no longer be maintained, the employer will find a reason to dismiss the employee. If the employee is not qualified for the job or the objective condition of the labor contract has been made, Major changes, etc. Regardless of the reasons for the employer to dismiss the employee, the employer must first provide evidence to support these reasons; secondly, compensation must be paid to the employee. Unless the employee does have the fault of complying with the provisions of Article 25 of the Labor Law of the People's Republic of China, the employer does not have to pay the economic compensation. These faults include the fact that the employee was proved not to meet the conditions of employment during the trial period, or seriously violated labor discipline or employer's rules and regulations, serious dereliction of duty, malpractice, and caused serious damage to the employer.

Therefore, remind everyone: If you do not really want to resign, but have different opinions with the unit, or the unit wants to cancel the contract with you, you must not submit the resignation report.